HomeMy WebLinkAboutResolution 1505 Special Improvement District 506
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COMMISSION RESOLUTION 1505
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN
DECLARING IT TO BE THL INTENTION OF THE CITY OF BOZEMAN,
MONTANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE
KNOWN AS SPECIAL IMPROVEMENT DISTRICT NUMBER 506 FOR THE
PURPOSE OF CONSTRUCTION AND RECONSTRUCTION OF AN ASPHALTIC-
CONCRETE PAVEMENT INCLUDING INTREGAL CONCRETE CURB AND
GUTTERS ON U. S.
HIGHWAY 191 AND MAIN STREET BEGINNING AT
I FIFTEENTH AVENUE AND EXTENDING WESTERLY THEREFROM A DISTANCE
OF .545 MILES.
WHEREAS, there has been filed with the Clerk of the City Commission of the City of Bozeman,
Montana, a petition in due form of certain owners of properties situated on U. S. Highway 191
and Main Street, beginning at Fifteenth Avenue and extending westerly therefrom a distance of
.545 miles, asking that a special improvement district be created for the purpose of constructing
and reconstructin8 an asphaltic-concrete pavement project to include intregal concrete curbs and
gutters, and other work incidental thereto; and
WHEREAS, at a regular meeting of the City Commission of the City of Bozeman held on the 2nd
day of February, 1972, the aforesaid petition
was respectively considered and granted;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN:
Section 1
Declaration of Intention
That it is hereby declared to be the intention of the city of Bozeman to create a special
improvement district to be known and
designated as Special Improvement District No. 506 for the
purpose of constructing and installing and asphaltic-conc~ete pavement project on U.
S. Highway
191 and Main Street Beginning at Fifteenth Avenue and extending westerly therefrom a distance of
I .545 miles. Said pavement project to include construction and installation of intregal concrete
curbs and gutters and other work incidental thereto.
Section 2
Boundaries
That the boundaries of said Special Improvement District Number 506 are described as follows:
Beginning at the point of intersection of the centerline of main
Street (U. S. 191) and the centerline of
Fifteenth Avenue; thence
northerly along the centerline of North Fifteenth Avenue a
distance of 155 feet; thence in a westerly direction parallel to
and 155 feet distant northerly from the said centerline of Main
Street, being U. S. Highway 191 a distance
of 730 feet, to a point
on the easterly line of Block 1 of Kirks Second Subdivision to
Bozeman, Montana; thence continuing
westerly parallel to and 155
feet distant northerly from the centerline of said Main Street a
distance of 557.99 feet to a point on the westerly line of Block 1
of Kirks Second Subdivision; thence continuing westerly parallel
to and 155 feet distant northerly from the centerline of said Main
Street or U. S.
191, across North Nineteenth Avenue and across Block
8 of West Park Manor Subdivision Number 1 to a point on the westerly
line of said Block 8; thence continuing
westerly parallel to and
155 feet distant northerly from said centerline of Main Street or
U. S. 191 across North
Twentieth Avenue and across Block 7 of said
West Park Manor Subdivision No.
1 to a point of intersection with
a line lying parallel to and 155 feet distant northerly from the
centerline of West Babcock Street; thence
westerly along said line
being parallel to and 155 feet distant nortnerly from the centerline
I of West Babcock Street to a point of intersection with the easterly
one sixteenth line of Section 11, Township 2 South, Range 5 East;
thence southerly along said one-sixteenth line a distance of 365
feet more or less to a point of intersection with the north right
of way line of West Main Street being U.
S. 191 said point being
50 feet northerly at right angles to the centerline of said U.
S.
191; tnence southwesterly parallel to and 50 feet
distant north-
westerly from the centerline of said U.
S. 191 a distance of bOO.9
feet; thence at right angles a distance of 50 feet
to centerline
Station 352 * 00 of U. S.
En; thence soutneasterly at right angles
to the centerline of said U.
S. 191 a distance of 155 feet; thence
northeasterly parallel to and 155 feet distant southeasterly from
the centerline of U. s.
191 thru tracts 1, 2, 3, and 4 of Block 1
of the Triangle Annexation, a tract located in the
East one-half of
COMMISSION RBiuLUTION NO. 1505
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282
the Southeast one-quarter (E~SEt) of Section 11, Township 2 South,
Range 5 East, commonly known as Tuloma Gas Products Tract, a portion
of Block 3 of Kirk Subdivision Number 4; across West Babcock Street,
thru and across an unplatted tract of land situated in the East one-
half of the Northeast one-quarter (EiNEt) of Section 11, Township
2 South, Range 5 East, and lying between West Main Street and West
Babcock Street to a point on the westerly line of Soutn Nineteenth
Avenue also known a Federal Aid Secondary Project No. S-234;
thence easterly parallel to and 155 feet distant southerly from
tne centerline of Main Street - U.S. 191 across said Soutu Nine-
teenth Avenue thru and across Lots 1 aud l. of Kirks Subdivision
I
Number 3, also tnru and across several unplatted tracts of land
lying iu tue Soutnwest one-quarter of tne Northwest one-quarter (SWt
NW~) of Section 12, Townsnip 2 Soutn, Range 5 East, to a point on
tne westerly Nortn-Soutn one-sixteenth line of said Section 12; thence
northerly along said one-sixteentn line a distance of 155 feet to tne
true point of beginniug.
Containing within the above described exterior boundaries the
following descrioed lots, Dlocks, tracts and parcels of land:
~ortion of tract of land lying in tne SWtNWt of Section 12,
known as Buttrey's Shopping Ceuter.
~ortion of Block 1, Kirks Second Suodiv1s1Ou.
J:'ortious of Blocks I and 8, West Park Manor, First Addition.
Portion of Tracts I, 2, 3 and 4 of BLoCK 1, Triangle Annexatiou to
Bozeman, Montana
Portion of tract of land lying in the east one-half of the South-
east one-quarter commonly known as the Tuloma Gas Products property.
Portion of Block 3 of Kirk Subdivision Number 4.
Portion of Tract of land situated in the East oue-half of the North-
east one-quarter of Section 11, Township 2 South, Range 5 East,
lying oetween West Main Street and West Babcock Street and westerly
of South 19th Avenue.
Portion of Lots land 2 of Kirk subdivision No.3.
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Portion of several unplatted tracts of land situated in the Southwest
one-quarter of the Northwest one-quarter of Section 12 lying between
West Main Street and West Babcock Street and between Kirks Third
Addition and the easterly line of the southwest one-quarter of the
northwest one-quarter of Section 12, Township 2 South, Range 5 East.
Section 3
Character of Improvements
Construction and reconstruction of an asphaltic-concrete pavement on Main Street (U.
S.
Highway 191) beginning at the centerline of Fifteenth Avenue and extending westerly therefrom
.545 miles including excavation, fill, gravel base backfill, asphaltic-concrete base and surface
courses, concrete intregal type curb and gutters, medians and necessary incidentals to such
pavement construction, installation and readjustment of storm drainage facilities and appurt-
enances, installation and readjustment of traffic control sighs, and appurtenances,
adjustment of city owned and other utilities and appurtenances thereto, installation of concrete
walks and other incidentals thereto.
Section 4
Estimate of Cost
The estimated cost to the city of Bozeman will be one-half (\) the cost of the state of
Montana's share of the contract cost of the curbs and gutters lying within the city limits and
I
the limits of construction plus seventeen and one-half percent (17\%) of said amount of pre-
liminary and construction engineering. It is planned to construct 6,924 linear feet of curb and
gutter at an estimated cost of $4.00 per foot. The state of Montana's share of the estimated cost
is 33.9% of the total cost of the project and the city of Bozeman's participation will be 0.5 x
33.90% x 117.50% x 6,924.0 feet x $4.00 per foot = $4,416.00 plus any and all City administration,
legal and other costs estimated to be $1,984.00 or an estimated total cost of $7,500.00, which
will be the total amount of Special Improvement District bonds to be sold.
COMMISSION RESOLUTION NO. 1505
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283
Section
5
Method
of Assessment
The cost of such improvement is to be assessed against the entire district, each lot or
parcel of land within such district will be assessed for that part of the whole cost which its
linear feet of frontage on the improvement bears to the linear feet of frontage of
the entire
district. The total frontage of the property within said proposed Special Improvement District
I No. 506 is 5,634.26 linear feet which is the frontage on which all protests will be
received,
considered and determined.
Sec don
6
Payments
That the payments for said improvements shall be made in five (5) annual installments extending
over a period of four (4) years, but this shall not be construed to prevent payment in full at
40:1 regular payment date by any property owner who desires to do so. It is proposed
to pay the
entire cost and expense of the construction and installation of said improvements with cash to be
obtained from the sale of bonds of said Special Improvement District No. 506, as authorized by
law. Such bonds will be in denominations of $100.00 each, and fractions or multiples of $100.00
where necessary, to be issued and chargeable against a fund to be known and designated as
Special Improvement District No. 506 Fund of the city of Bozeman.
The bonds will be redeemable
at the option of the City, singly or in multiples, and in the order of their registration, when-
ever funds are available for that purpose in said Special Improvement District No. 506.
Said
bonds will draw a simple interest from the date of their registration until called for payment,
at a rate not to exceed six percent (6%) per annum, which interest shall be chargeable as a part
I of the cost of construction and installation of said improvements. The bonds will
be issued and
sold in accordance with the provisions of Section 11-2232 and Section 11-2271, Revised Codes of
Montana, 1947, and all other applicable provisions of Title 11 of the Revised Codes of Montana,
1947, relating to special improvement districts in cities and towns, and any amendments thereof
or thereto.
Section
7
Protests
and Notice
That the regular session of the City Commission of the
City of Bozeman, to be held at
the Commission Chamber, City Hall Building, Bozeman, Montana, on Wednesday,
the 2,aJ'~ day of
February, 1972\ at the hour of one fifteen o'clock p.m. of said day, is the time and place. when
and where the City Commission will hear and pass upon all protests duly and regularly made and
filed against the creation of said proposed Special Improvement District No. 506.
the improve-
ments proposed to be made pursuant thereto and the extent and character thereof. or either thereof,
and the Clerk of the City Commission be. and She is hereby directed to give notice in the manner
and for the time as by law required. of the adoption of this resolution of intention.
ADOPTED BY THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, at a regular and stated session of
I said Commission held on the 2nd day of February. 1972.
Mayor
ATTEST:
C~~/~
Clerk oi"-tne( City C ission
COMMISSION
RESOLUTION NO. 1505
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284
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COMMISSION RESOLUTION NO. 1505 OF THE CITY OF BOZEMAN
DECLARING THE INTENTION OF THE CITY OF BOZEMAN TO
CREATE A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AND
DESIGNATED AS 11 SPECIAL IMPROVEMENT DISTRICT NO. 506".
NOTICE IS HEREBY GIVEN that on the 2nd day of February. 1972, at a regular session of the
Commission of the city of Bozeman, Commission Resolution No. lS0S entitled:
I
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN DECLARING IT TO BE THE INTENTION OF THE CITY
OF BOZEMAN, MONTANA, TO CREATE A SPECIAL IMPROVEMENT
DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT
NUMBER 506 FOR THE PURPOSE OF CONSTRUCTION AND RECON.:.
STRUCTION OF AN ASPHALTIC-CONCRETE PAVEMENT INCLUDING
INTREGAL CONCRETE CURB AND GUTTERS ON U. S. HIGHWAY
191 AND MAIN STREET BEGINNING AT FIFTEENTH AVENUE AND
EXTENDING WESTERLY THEREFROM A DISTANCE OF .545 MILES.
was passed and adopted.
That Wednesday, the 23rd day of February, 1972, at one-fifteen o'clock p.m. at the
Commission Room of the City Hall, Bozeman, Montana, is designated by Resolution No. 1505 as the
time when and the place where the Commission of the city of Bozeman will hear and pass upon all
protests that may be made against the making of such improvements, or the creation of said
district. Protests must be made in writing and delivered to the Clerk of the City Commission
witniu fifteeu (15) days after date of the first publication of this notice.
The general cnaracter of the improvements proposed to be made is the construction of a pave-
ment project with intregal concrete curbs and gutters. together with necessary appurtenances there-
to on U. S. Highway 191 and Main Street beginning at Fifteenth Avenue and extending westerly there-
from a distance of .545 miles.
I
Tue est~mated cost of said improvements within the district, including engineering. legal
and contingency is $7,500.00.
For a description of the boundaries of said Special Improvement District No. SOb reference
is hereby made to Resolution No. 1505 of the Commission of the city of Bozeman declaring the
intention to create said district. which is on file in the office of the undersigned Clerk of
said Commission in the City Hall of said city of Bozeman. State of Montana, and open for inspection
to all interested parties and the public generally.
This notice is given pursuant to the provisions of Section 11-2204, Revised Codes of Montana,
1941.
Dated this 2nd day of February, 1972.
?:-/A4_J ~~'
Clerk of tne ity C iss~on
State of Montana )
Couuty of Ga1!atin : ss
City of Bozeman )
I. Erna V. Harding, Clerk of toe Commission of the City of Bozeman do hereby certify. tnat tne I
foregoiug Notice was published at length in the Bozeman lJai1y Coronic1e, a newspaper of general
to tne 11 tn
circulation printed and publisned ~u said City in the issue of the 7th/day of February, 1"1/'1. and
due proof of SUCh publication is on file in my office.
IN WITNESS WHEREOF I hereunto set my hand and affix tne corporate seal of my hand and affix the
corporate seal of my office this lOtn day of February 1972.
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Clerk of the ity C ssion
COMMISSION ~SOLUTION NO. 1505